Kiran Govind More And ORS v. The State Of Maharashtra And ORS

1 APL 64-18.doc-918

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.64 OF 2018 Kiran Govind More & Ors.

] ... Applicants

Versus

The State of Maharashtra & Ors.

] ... Respondents Mr. S. P. Dighe for Applicants.

Mr. R. M. Pethe, APP for State.

Mr. Ashok R. Kakvipure, API attached to Economic Offences Wing, Nashik City, present.

CORAM :- R. M. SAVANT & SARANG V. KOTWAL, JJ.

DATE :- 11 APRIL, 2018 P. C. :- 1.

The above Criminal Application has been filed for quashing of the FIR being C.R.No.435 of 2017 for the offences punishable under Sections 420, 467, 468 and 323 read with Section 34 of the IPC and under Sections 3 and 4 of the MPID Act. The said relief is sought on the ground that prior to the present FIR, already an FIR being C.R.No.161 of 2016 has been registered for the same offences wherein the statement of the first informant i.e. the URS

2 APL 64-18.doc-918 Respondent No.3 herein has been recorded. This statement is identical to the statement in the present FIR. 2.

Having regard to the said relief, the learned APP Mr. Pethe draws our attention to the letter / application dated 07/04/2018 addressed by the Investigating Officer Mr. Ashok Kakvipure, API attached to the Economic Offences Wing, Nashik City. The said letter / application refers to the two FIRs which have been registered namely C.R.No.161 of 2016 and the present FIR being C.R.No.435 of 2017. It is prayed in the said letter / application for merger of the two FIRs. In view of the said application filed by the investigating agency, the grievance of the Applicants can be said to be assuaged. There is, therefore, no warrant to keep the above Application pending. The Application is accordingly disposed of with liberty to approach this Court if the eventuality so arises in future. 3.

The said letter dated 07/04/2018 is taken on record and marked 'X' for identification.

(SARANG V. KOTWAL, J.) (R. M. SAVANT, J.) URS